A federal judge has tossed out a Pennsylvania company’s lawsuit against the Franklin County
commissioners in connection with the construction of Huntington Park Downtown.

U.S. District Judge George C. Smith dismissed on Thursday the civil suit filed by W.G. Tomko
Inc. of Finleyville.

Tomko installed plumbing at the baseball stadium under a $2.6 million contract with the county.
After the installation, the company spent more than $2 million to make repairs, according to the
lawsuit filed a year ago.

Tomko claimed that the repairs were a result of the plumbing being vandalized. Tomko filed for
reimbursement from the county’s insurance company, Affiliated FM Insurance Co., but the claim was
rejected because Tomko was not the insured party, Smith wrote in his dismissal order.

In its lawsuit, Tomko said the county should have immediately filed a claim to have its
construction-insurance policy cover the repairs.

Smith wrote that Tomko can sue only in Franklin County Common Pleas Court, according to the
contract the company signed with the commissioners.

“Since the suit was filed in federal court contrary to that ‘standard forum selection clause,’
then Judge Smith properly granted our motion to dismiss,” Franklin County Prosecutor Ron O’Brien
said Friday. O’Brien’s office represented the county in the lawsuit.

Attorneys for Tomko did not respond to requests for comment last week.